06 March 2024 Criminal Trial >> Criminal Law  

In a recent judgment, the High Court granted bail to an appellant facing charges of inflating construction costs associated with a green building project in Sonepat, Haryana.

The appellant had previously been denied bail by a lower court. However, the High Court, upon reviewing the case materials, determined that custodial interrogation of the appellant was not germane to the ongoing investigation. The court further clarified that the concept of investigative cooperation does not encompass self-incriminatory statements from the accused.

"The court finds that the continued detention of the appellant for the purposes of custodial interrogation is not warranted at this stage of the investigation," the judgment reads.

The prosecution had contended that the appellant was not cooperating with the investigation. However, the court found that this argument solely pertained to the appellant's refusal to inculpate himself during questioning.

The High Court, exercising its appellate jurisdiction, set aside the lower court's order denying bail. The judgment directs that, in the event of arrest in connection with FIR No.0354/2022, the appellant shall be released on bail subject to conditions imposed by the trial court. The appellant is further obligated to continue cooperating with the investigating officer throughout the investigation.

This decision underscores the well-established principle that an accused individual enjoys the right not to be detained pre-trial unless deemed absolutely necessary for the investigation. Additionally, the judgment emphasizes the distinction between investigative cooperation and the act of self-incrimination.

  Code of Criminal Procedure, 1973